Hurlbut v. Axelrod

— Determination unanimously confirmed and petition dismissed, without costs. Memorandum: Petitioner, the owner of a nursing home, brought this CPLR article 78 proceeding, transferred to this court, to review the determination of the State Commissioner of Health in reducing petitioner’s Medicaid reimbursement rate. Petitioner had initially leased the nursing home and the capital cost component of petitioner’s rate was based upon rents under the lease. After petitioner exercised an option contained in the lease and purchased the property, the Commissioner recomputed petitioner’s reimbursement…